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  1. #1
    They're just like us
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    Prop 8 Ruling Tuesday by 10 AM

    http://www.huffingtonpost.com/2012/0...usaolp00000009

    SAN FRANCISCO — A federal appeals court plans to announce whether it thinks California's same-sex marriage ban violates the civil rights of gays and lesbians, and if the trial judge who struck down the voter-approved measure should have revealed he was in a long-term relationship with another man.

    The 9th U.S. Circuit Court of Appeals said a three-judge panel was ready to publish its long-awaited opinions Tuesday on the ban and on the possible conflict-of-interest by former Chief U.S. Judge Vaughn Walker, who ruled that Proposition 8 did not pass constitutional muster.

    Walker presided over the first trial in federal court to examine if same-sex couples have a constitutional right to get married.

    Even if the 9th Circuit panel agrees with him and overturns the ban approved by voters in November 2008, same-sex marriages are unlikely to resume in California any time soon. Supporters and opponents of Proposition 8 have said they would appeal to the U.S. Supreme Court if they lose in the intermediate court.

    Some legal observers believe the written heads-up the court gave Monday indicates it concluded there is no reason why Walker should have disclosed his relationship status while he had the case.

    "The notice appears to indicate that the panel will rule on the constitutionality of Proposition 8. That seems to suggest that the court will deny the effort by Prop 8 proponents to vacate Judge Walker's ruling on recusal grounds, and also that it will find that the Prop. 8 proponents had standing to pursue the appeal," University of Pennsylvania Law School Professor Tobias Barrington Wolff said.

    The panel heard arguments on the ban's civil rights implications more than a year ago but delayed a decision while it sought guidance from the California Supreme Court on whether Proposition 8's sponsors had legal authority to challenge Walker's ruling after the governor and state attorney general decided not to appeal it.

    The California court ruled in November that the state's vigorous citizens' initiative process grants official proponents of ballot measures the right to defend their initiatives in court if state officials refuse to do so.

    Further complicating the 9th Circuit's consideration was a move in April by lawyers for the coalition of religious conservative groups that put Proposition 8 on the ballot have Walker's ruling vacated because of the now-retired judge's same-sex relationship.

    Walker's successor as the chief federal judge in Northern California, James Ware, rejected arguments that Walker was unqualified to preside over the 13-day trial that because he stood to personally benefit from declaring Proposition 8 unconstitutional.

    The 9th Circuit held a hearing on that question in December.
    TLDR:
    Ruling tomorrow on
    1:If prop 8 violates civil rights of gays/lesbians
    2: Judge from first federal trial should have recused himself for being a homo
    3: If Yes to 2, 1 should be skipped and a new trial granted
    4: If the sponsors of the bill(*) have legal grounds to continue appealing after the state has decided it would no longer continue to support the law in court.

    *The sponsors largely consisting of groups backed by the Mormon Church.

    Original ruling summary

    Heads up, you might see a lot of pissed off or very happy homo's tomorrow.

  2. #2

    Sweaty Dick Punching Enthusiast

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    i don't see any way the 9th Circuit doesn't uphold the previous ruling and declare the ban unconstitutional, it has long been the most liberal of the appeals courts and the vast majority of appointees were made by Democrats

    but it's functionally irrelevant, the case is heading to The Supreme Court no matter the decision tomorrows. both sides will instantly appeal should they lose.

    which means Justice Anthony Kennedy will be the sole arbiter of what constitutes marriage in the republic

  3. #3
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    BREAKING: 9th Circuit Court Rules Prop 8 UNCONSTITUTIONAL

    Tuesday, February 7th, 2012

    Nearly one and a half years since Federal District Court Judge Vaughn Walker declared Proposition 8 to be unconstitutional in the landmark Perry v. Brown case, the 9th US District Circuit Court of Appeals finally announced this morning that they will be upholding Judge Walker's decision: PROPOSITION H8 IS UNCONSTITUTIONAL!
    http://www.noh8campaign.com/photo_ga...371_medium.jpgOpponents of same-sex marriage will likely file an appeal to the decision, and the next steps may inevitably lead to a hearing before the US Supreme Court; casting the national spotlight on California's fight for the freedom to marry and putting the focus on same-sex marriage at a federal level. Most importantly, today's rulings open up the door for the same arguments to be used to the benefit of advancing pro-same-sex marriage legislation in other states.

    What does this mean in the now? When can same-sex couples in California begin to get married again? The imposed stay on permitting same-sex marriages will likely stand in anticipation of further appeals; but we will update this page as more information becomes available.

    For now, we must celebrate this huge advance for gay rights and continue this year's momentum of the positive forces for change we've seen in places like Washington state, Delaware, Hawaii, and of course New York. This is an incredible day for couples not only in California but across the United States, and we will continue to share the details of what this decision means as we learn more.

    In the meantime, one of the most important notions to gain from today's victory is that there is promise, there is hope, and that with enough perseverance and patience, we can achieve the equal rights we deserve. We need to focus on figuring out what each of us can do from here to help the movement in our own way. Everybody has their own way of speaking out, and we have to celebrate those differences and encourage people to bring their own personal talents to the table. We want full recognition of equal rights for everybody on a federal level, and all of us are going to have to work together to do it!
    So many people and organizations, particularly AFER, have played such a pivotal role in this historic decision. The NOH8 Campaign was born out of the passage of Prop 8, and we're proud to be a part of the fight. Even still, we couldn't do what we do without such incredible dedication and help from each of you in the community. If not for your support, NOH8 would have never made it past California -- and here we are, three years later, having been to three countries and well over half of the United States spreading our message of hope and acceptance. Prop 8 was just the beginning; we will continue to fight and advocate for those without a voice until everybody is equal.

    With 2012 being such an important year for civil rights, we want to remind you that it's so important to make your voice heard by taking the time to VOTE. If you haven't registered to vote, it's easy: all you have to do is click the button below, fill out the short form to register, and you'll be ready to vote!
    Like every single face that makes up the NOH8 Campaign, every vote counts and you have the right and the responsibility to tell our government how you feel. If you're in the Los Angeles area this evening, join the NOH8 Campaign, Love Honor Cherish, Lambda Legal, GetEQUAL, the City of West Hollywood, and more in coming together in West Hollywood Park for a Rally to Respond to Prop 8's decision! The event will begin at 6pm (arrive between 5:30pm-6pm) and will be followed by a march down Santa Monica. Check out more event details by clicking here.
    Let's see how far the opponents of this want to take it.

  4. #4

    Sweaty Dick Punching Enthusiast

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    you're delusional if you don't think this is heading to The Supreme Court

  5. #5

    this is the one they paid black people to vote for initially right

  6. #6
    I'll change yer fuckin rate you derivative piece of shit
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    So did they uphold the stay on the ruling pending appeal or remove it?

  7. #7
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    Quote Originally Posted by Zealot View Post
    Pretty risky to appeal this if you're an opponent of gay marriage.
    The anti-gay lobby has deep pockets, so they'll do it because they can, not because they have a good case and expect to win.

  8. #8
    Shimmy shimmy ya shimmy yam shimmy ya
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    Looks like the ban was struck down and declared unconstitutional. Lesbian cousin just sent out a mass text lol.

  9. #9
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    I wanted to look and see what the full amendment of prop 8 was, according to Wikipedia it's just these short few sentences.



    Proposition 8 consisted of only two short sections. Its full text was:
    Section I. Title
    This measure shall be known and may be cited as the "California Marriage Protection Act."
    Section 2. Article I. Section 7.5 is added to the California Constitution, to read:
    Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California.

  10. #10
    Queen of the Pity Party
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    the best part of this is all of the "something something will of the people" idiots coming out of the woodwork. I say that's the best part because the ruling itself is rather irrelevant; this contest had a long way to go regardless of the decision.

  11. #11
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    I still don't understand the argument against gay marriage. Probably never will.

  12. #12
    Un-Rad Conrad
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    Quote Originally Posted by Zealot View Post
    If the Supreme Court strikes down a ban on gay marriage as Unconstitutional though, that's it, they lose forever.
    I can totally see them claiming that it's a "state issue" and that the Supreme Court (and federal government) has no authority to rule on the case. Alternatively, I can see them simply ignoring the case and refusing to rule on it.

    Loving v. Virginia should be used as a precedent for this case by the defending parties, though. At least, I hope it will.

  13. #13
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    Quote Originally Posted by Zetanio
    I still don't understand the argument against gay marriage. Probably never will.
    Bible says so.

    That's all you need to know because that's the only thing they have going for the argument.

  14. #14
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    Quote Originally Posted by Ragnus View Post
    Bible says so.

    That's all you need to know because that's the only thing they have going for the argument.
    that's not entirely true, there's also


  15. #15
    I'll change yer fuckin rate you derivative piece of shit
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    Quote Originally Posted by Skirkle View Post
    I can totally see them claiming that it's a "state issue" and that the Supreme Court (and federal government) has no authority to rule on the case. Alternatively, I can see them simply ignoring the case and refusing to rule on it.
    No, they aren't going to let a lesser court say "this law is invalid due to the US Constitution" and then refuse to take the case under the premise that it's not a question of constitutionality."


    Sent from my Samsung Galaxy S 4G using Tapatalk

  16. #16
    Un-Rad Conrad
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    The SC can just deny the writ of certiorari, can't they? They don't need a reason to not hear a case.

  17. #17
    I'll change yer fuckin rate you derivative piece of shit
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    Quote Originally Posted by Skirkle View Post
    The SC can just deny the writ of certiorari, can't they? They don't need a reason to not hear a case.
    They "could" do whatever they like, basically. I do not see it here.

    Sent from my Samsung Galaxy S 4G using Tapatalk

  18. #18

    they "will" hear the case in '13, booked solid this year

  19. #19
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    The issue is already beyond being simply a state issue - any circuit court decision sets a precedent/determination for all the states under that circuit's authority.

    Church people will take it to SC. And likely lose. Then seek to pass laws sidestepping the issue (similar to sidestep Roe vs. Wade by making abortion seekers go to one of ~3 licensed abortion providers in a given state and then watch a 6 hour video to make it as inconvenient as possible).

  20. #20
    Queen of the Pity Party
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    for those who think the Supreme Court would uphold this ruling, I'm curious: why?

    I really mean that. I don't know enough about the Supreme Court's current makeup to feel them out one way or the other. what makes you think they would rule against Proposition 8?

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